Employment Insurance Appeal Division: How to prepare for your hearing
Your hearing at a glance
Check out our printable visual guide: Your Appeal Division hearing – Employment Insurance (EI) appeals
Learn about the types of hearing
These are the types of hearing available at the Appeal Division:
- videoconference on a personal device
- videoconference at a Service Canada Centre
- in-person at a Service Canada Centre
- in writing
We’ll ask what type of hearing you prefer. If you don’t tell us the type of hearing you want, the Appeal Division member will decide.
You’ll have the same opportunities to talk and ask questions at any type of oral hearing.
Here’s how to join each type of hearing:
- We’ll send you the numbers you need
- Dial the phone number 10 minutes before your hearing
- Listen to the prompts:
- Enter the teleconference ID number
- Enter the teleconference security code number
- Wait on the line until the member speaks
Videoconference on a personal device
- Use a device (smartphone, tablet, or computer)
- Make sure the device is fully charged
- You choose where to participate
- We’ll send you a link to use Zoom
- Connect 10 minutes before your hearing
- The member will be on the screen at the scheduled time
Videoconference at a Service Canada Centre
- Go to a Service Canada Centre
- Arrive 30 minutes early
- Service Canada staff will:
- show you to the right room
- explain the videoconference
- The member will be on the screen at the scheduled time
In-person at a Service Canada Centre
- Go to a Service Canada Centre
- Arrive 30 minutes early
- Service Canada staff will show you to the right room
- The member will join you there
Read your Notice of Hearing carefully
We’ll send you a Notice of Hearing in writing. If you have a representative, they’ll get it too. A Notice of Hearing gives you details about your hearing. It will say:
- what type of hearing you’ll have
- the date of your hearing
- the time of your hearing
- how much time has been scheduled for the hearing
- how to join the hearing
We won’t send support persons the Notice of Hearing. If you have a support person, give them the hearing details so they can be there.
Contact us if you have questions about your Notice of Hearing.
How formal is a hearing?
Hearings are informal. The Social Security Tribunal (SST) isn’t a court. We try to make the process as simple and informal as possible.
The member will guide you through the hearing.
The member will tell you what to call them. We don’t use the title “Your Honour.”
We’ll address you with “Mr.” or “Ms.” unless you say otherwise. Let us know if you want us to use another pronoun or form of address.
Who will be there?
Usually, just the parties involved in the appeal and the member will be there.
You’re a party. If you have a representative, they’ll be there too.
Canada Employment Insurance Commission (CEIC) is also a party. They’ll usually send a representative to the hearing.
Other people who could be there include:
- a support person, if you invited one to join you
- an interpreter, if you asked for one
- observers who aren’t involved in the appeal, but want to listen
Hearings are open to the public. Other people may observe your hearing.
You can ask the member to close off all or part of your hearing to the public. The member will decide if that is necessary. Learn more about how to make a request and what the member will consider when making their decision on whether to grant your request.
In very rare circumstances, an intervener who has expertise on certain issues could also be at the hearing. You would know about it ahead of time.
What if you need a break?
If you need a break, ask the member. Breaks are flexible.
You can have food and drink with you.
How long is the hearing?
Hearings vary in length. Check your Notice of Hearing to see how long your hearing has been scheduled for.
Let us know if you need arrangements or interpretation
During your appeal process, you can communicate with us in English or French. Contact us as soon as you receive your Notice of Hearing if you have limited English or French skills. We can provide an interpreter for the hearing at no cost to you.
Let us know if you’re bringing other people to your hearing
Changing the date of your hearing
You can ask to reschedule your hearing if the date or time doesn’t work for you. Another party can ask too. This may delay your hearing.
Conditions to reschedule the hearing
We’ll reschedule your hearing if you meet all 3 of the following conditions:
- It’s the first time you ask to reschedule your hearing
- You ask us more than 5 business days before your hearing
- You’re available for a new hearing within 2 weeks of the original hearing date
If you meet these conditions, you can call us to reschedule your hearing.
We’ll work with you to set a new hearing date. We’ll send you a new Notice of Hearing with the date and time of your new hearing.
If you don’t meet these conditions, we may still be able to reschedule your hearing if you can show that changing the date is necessary for you to have a fair hearing. For example, you can’t participate because you’re sick and you have a doctor’s report to show it.
You’ll need to write to us to explain why you can’t be at the hearing set in your Notice of Hearing. If it’s very close to your hearing date, call us too.
The member will look at your explanation and decide whether to reschedule the hearing.
If the member agrees to reschedule the hearing, we’ll work with you to set a new hearing date. We’ll send you a new Notice of Hearing with the date and time of your new hearing.
If the member doesn’t agree to reschedule the hearing, we won’t change the date. The hearing will be at the date and time in your Notice of Hearing.
We may change your hearing date on our own
We may need to reschedule your hearing without you or another party having asked for the change. This could happen if something unexpected happens outside of our control. For example, the member becomes sick and can’t attend the hearing.
If this happens, we’ll contact you to reschedule the hearing.
Hearings in writing
Hearings in writing are less common.
A hearing in writing means that the member will make their decision based on the written arguments that the parties (including you) send in. There is no opportunity to speak directly to the member.
If the hearing is in writing, we’ll send you a letter to tell you this is going to happen.
Read the documents we send you
We send you copies of the documents in your appeal file as we receive them. You should read them and keep them together.
The member will look at them to help them decide your appeal.
If you have an oral hearing, you should have the documents with you at the hearing. It’s your responsibility to keep track of the documents we send you and to bring the necessary documents to the hearing.
Consider your reasons (arguments)
Think about what will help the Appeal Division member understand the reasons why you’re appealing.
You want to convince the member that the General Division made a mistake. See our section on grounds of appeal. You also want to convince the member to fix the General Division’s mistake in a way that’s in your favour. You’ll need to do this by referring to the General Division decision, and to the evidence that the General Division had. You won’t be able to testify or give new information about your claim for benefits at the hearing.
Sometimes, it’s the CEIC that appealed the General Division decision. In that case, you may want to convince the member that the General Division didn’t make a mistake. Or, that the General Division made a mistake but still reached the right decision.
Consider the law and cases that are similar to yours
Members have to look at your case and see what the law says about it. They can’t change the law. They have to follow what it says.
You may want to check the law.
You could look at relevant laws:
- Employment Insurance Act
- Employment Insurance Regulations
- Employment Insurance (Fishing) Regulations
- Reconsideration Request Regulations
You could also look at the laws that describe how the General Division and Appeal Division are supposed to work:
- Social Security Tribunal Rules of Procedure - you'll find information on the SST's appeal process, including your role and responsibilities
- Social Security Tribunal Regulations, 2022 - you'll find information on the type of hearing, the confidentiality of appeals, and constitutional questions
You could look at the case law. Case law refers to tribunal or court decisions. A case that’s similar to your situation may help the member. You could look at:
What the member may ask you
At the hearing, the member may ask you to explain why you believe the General Division made at least 1 of the following 4 mistakes. The law says that these mistakes are “grounds of appeal”. This means that the law says that each of these is a valid reason for appealing.
Here’s the legal wording for each ground of appeal with a plain language explanation:
Grounds of appeal
Plain language wording
The General Division failed to observe a principle of natural justice.
The General Division didn’t follow a fair process.
The General Division acted beyond or refused to exercise its jurisdiction.
The General Division dealt with an issue it didn’t have the power to deal with. Or it didn’t deal with an issue it was supposed to deal with.
The General Division erred in law in making its decision, whether or not the error appears on the face of the record.
The General Division didn’t follow the law correctly.
The General Division based its decision on an erroneous finding of fact that it made in a perverse or capricious manner or without regard for the material before it.
The General Division got important facts wrong because it overlooked or misunderstood evidence.
The member has to follow the wording of the law, interpret it, and apply it to your situation.
Learn what each ground means on our Your reasons for appealing page.
The member may ask you specific questions based on the 4 grounds. For example:
Ground 1: Questions about natural justice
- What was unfair about how the General Division handled your case?
- What did the General Division do that you thought was biased against you?
Ground 2: Questions about jurisdiction
- Why didn’t the General Division have jurisdiction over the issue?
- In other words, describe why the General Division wasn’t allowed to decide the issue you’ve mentioned.
- Who does the law say can make a decision on the issue you’re raising if the General Division can’t?
- What section of the law says this?
Ground 3: Questions about an error of law
- Why is the mistake an error of law?
- In other words, describe how the General Division didn’t follow the law correctly.
- How did the General Division misunderstand the law?
- Does a part of the General Division decision go against any legislation or case law such as:
- a section of the Employment Insurance Act
- a section of the Employment Insurance Regulations
- a Supreme Court of Canada decision
- a Federal Court of Appeal decision
- a Federal Court decision
Ground 4: Questions about an error of fact
- What fact did the General Division get wrong?
- Did the General Division base its decision on the wrong fact?
- How does the General Division’s finding of fact go against the evidence?
- How does the General Division’s finding of fact show the General Division overlooked important evidence?
- The General Division had the documents on file: What are the page numbers of important documents it ignored?
- When in the hearing recording did a witness explain a fact that shows this type of error?
- For example: 30 minutes and 40 seconds into the General Division hearing
After talking about errors, the member may ask you about the remedy (solution). If they find the General Division did make a mistake, they can offer a solution. Your answers will help the member decide what they can do. They may ask:
- Did you have the chance to give the General Division all the information you had about your appeal?
- Should the Appeal Division send your appeal back to the General Division? (The General Division would look at your case again and make another decision.)
- Or should the Appeal Division replace the General Division decision?
- If the Appeal Division makes a decision about your claim for benefits, what do you want the decision to be?